ASHA THAKUR Vs. SUKHRAJ MISTRI

JUDGEMENT

(1.) THE appellants have filed this appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') for enhancement of compensation awarded vide award dated 10. 1. 1989 passed in M. A. C. T. No. 14 of 1987 by Fourth Additional Motor Accidents Claims Tribunal, Raipur.

(2.) THE circumstances in which the accident occurred resulting in death of Laksha Kumar Thakur aged 30 years, the husband of the appellant No. 1 and father of the appellant No. 2 are not in dispute. The deceased was a teacher and was drawing Rs. 707. 30 p. m. The Tribunal after deducting monthly living expenses of the deceased estimated Rs. 6,600/- as yearly dependency wherein by applying the multiplier of 10 calculated the compensation of Rs. 66,000/ -. An amount of Rs. 20,000/- was awarded under the head of consortium and Rs. 5,000/- was awarded towards other expenses incurred in the other heads of damages. Thus, a total sum of Rs. 91,000/was awarded with interest at the rate of 9 per cent per annum.

(3.) LEARNED counsel for the appellants submits that the deceased was aged 30, therefore, the multiplier of 16 ought to have been applied. The Tribunal did not award any interest under Section 110-CC of the Act which ought to have been awarded at the rate of 12 per cent per annum. Reliance was placed on General Manager, Kerala State Road Transport Corporation v. Susamma Thomas 1994 ACJ 1 (SC) and Vimla Gangotia v. National Insurance Co. Ltd. 1995 ACJ 53 (MP ).